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Show SUIT lULLuiir HllfTH SOUTH THICK Residents of District Seeking Seek-ing to Nullify City j Franchise. j Walker Brothers Suburban Acreage and Railroad Made Defendants. buit will be filed with tho district court loday asking for an injunction against the use of tho trackage ou Ninth South and adjoining streets be-ing be-ing laid to connect with what is known .Ms'tlio Walker block, between West Temple and Main streets and Eighth and ,iiith South ntrccls. The tlefcud-niili, tlefcud-niili, mimed are the Walker lirothers Suburban Acreage, Inc., and the Salt Uf.ko . Ulah Itailroad company. The suit also asks that ordinance No. -to, by which the city commission granted tho franchise for tho tracks, bo declared de-clared void. Tin- suit is an outgrow th of a pro-tc"L pro-tc"L I'V proper! v owners in the vicinity of" the proposed freight tracks. These have urged before the city commission ,n Hscuhero that the l.l'"-''g " freight (racks along iNintli South sired, will constitute a, nuisance to tho residents of Ihc section and will damage dam-age their property materially.. 1 ho have staled that the section involved is now dcvolcd largely to residential ''"n'ociouplaint, bears the names of. nearlv 130 plaintiffs, and these conoti; lute but a relatively small number ot those who have protested against the railroad. More than -100 residents ot tho neighborhood huvo signed a peti-. peti-. i;.T ihni some nieaus be IIOII I o ' I u 0 .- 1 1 , ' f, ...... ., I found of blocking the railroad a plans. Private Use Alleged. Tho complaint alleges that tiio dominant domi-nant object of the application for a franchise, is to assist I he Walker company com-pany in creating a more favorablo mar-lot" mar-lot" for its vacant real estate within tho block. II. further alleges that tho railroad tracks mentioned will not bo open to the iudiscrimiuato uso of the public, but will be for a private use, and that the tracks could not servo more thau a limited number of private warehouso sites and corporations. Tho Walker company named as a a-' a-' fcudanf was recently organized to toko ! over tho real estate iu question for tho heirs of tho late J. ii. Walker. Ordi-; Ordi-; nance 45, granting Ike iranchtse, was ' passed bv the city commission Juno b, 101S The complaint alleges this ordinance ordi-nance exceeded the authority of tho ; commission iu that it purported to give I rj.-hts which will involve the uulawful uceupaucy of Richards street und the public alleys north a.d south through ! block 4, adjoining the Walker block. ' George E. Kessler, the city planning expert who came from St. Louis, sub-i sub-i miltod a report to I ho crty commission ' urgin" that railroads bo denied frau-cfcon frau-cfcon creels cast of W est Temple 1 street To permit the building of tho : railroad tracks and tho establishment , of a warehouso zono m the midst ot what is now a residential district would, j according to Mr. , Kessler, prttcal y ! nullify any zoning system which tho I city might wish to estaolish. . ! Has Place in Zone. ' Work on the tracks already has been started, and Ninth South street is now 1 torn up in the construction process. It is a paved street and already has car ' 1 racks installed. In some of the plans i for it c.itv r.oniug system, Ninth, South street co'nstitules one of the prmeipu. , thoroughfares, linking, as it does,, the eastern boulevards with W est Temple i street and other paved streets ou tho west side. ' . . . Both Mr. Kessler and the complaint of plaintiffs in the suit to be instituted ' todav hold that tho natural railroad : und "factors- district of . tho city lies considerably to tho west of tho W alkor - block. Plaintiffs assert there is now ' more trackage available ou tho west side for sucli purposes as tho complaint com-plaint alleges defendants will mako ot ' U,o Walker block than would bo required re-quired bv a city more than twice as , large as Salt Lake. ' Tho natural residential growth ol tho cttv thev sav, is cast and south, and if "tho 'tracks are completed and the proposed warehouses established that it will stifle further residential progress in tho area contiguous to the W alker block. Procedure Criticised. T... i.,;,,. ..iicTos thnt. tho city 111.' C.OIIJO...". - - commission passed the ordinance grant- tug the franchise without waiting tor the advico of the planning expert thev had ctnplovcd to counsel them m regard . to zoning" matters. It further alleges that the 'ordinance i as passed without sufficient notice or hearing and without giving plaintiffs or interested parties an opportunitv to inform the commission commis-sion of their "side of the question. Xcglect on the part of defendants in . putting it) the tracks with " due dih-'-cuce,'" as required by the ordinance itself, is held in the complaint to have invalidated the ordinance, inasmuch as iork was not started for nearly a year after the ordinance was passed. Plaintiffs in the action are residents and propcrtv owners living in the vi-cinitv vi-cinitv of the intersection of Ninth South and West Temple streets and immediate vicinitv, ;ind chum that they are till iniuriouslv affected in their personal per-sonal and property rights by the action of defendants in causing the freight tracks to be laid. . Botli a school and a church are in the near vieiuiiv of the proposed tracks, and the plaintiffs state that to have freight traits coming through the district dis-trict will imperil the children and the church communicants who will be compelled com-pelled to cross the tracks. A niandatorv injunction will be asked compelling defendants to remove any tracks, poles and other appurtenances from the streets and alleys already affected, af-fected, as well as the voiding of ordinance ordi-nance 45. Attorneys for the defendants defend-ants v.' be II. L. Mulliner. Van Cott & Morton, and Pierce, Critchlow & Barrel te. ' |
